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(영문) 대법원 2019.09.10 2019도9247
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") has been sentenced to a more minor punishment, the argument that the amount of punishment is inappropriate shall not be a legitimate ground for appeal.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal regarding the case, the final appeal shall be deemed filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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